BILL NUMBER: AB 110	CHAPTERED  10/10/99

	CHAPTER   619
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   JUNE 15, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 22, 1999
	AMENDED IN ASSEMBLY   MARCH 25, 1999

INTRODUCED BY   Assembly Member Baugh

                        DECEMBER 23, 1998

   An act to add Section 17156 to the Revenue and Taxation Code,
relating to miscarriage of justice, making an appropriation therefor,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 110, Baugh.  Miscarriage of justice:  compensation.
   Existing law provides for making a claim for money or damages
against the state for an injury for which the state is liable.
   This bill would appropriate $620,000 from the General Fund to the
Department of Justice for payment to Kevin Lee Green in order to
recompense him for a miscarriage of justice and wrongful
incarceration by the state.  The bill would make extensive findings
and declarations supporting this appropriation.  The bill would
provide that this compensation is tax exempt, as specified, and apply
this provision to taxable years beginning on or after January 1,
1999.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature makes the following findings and
declarations:
   (1) On September 30, 1979, Kevin Lee Green's wife, Dianna Green,
was attacked and brutally bludgeoned.
   (2) Dianna Green was nine months pregnant with Kevin Lee Green's
baby at the time of the attack.
   (3) Dianna and Kevin Lee Green's unborn baby died as a result of
the attack on Dianna Green.
   (4) Dianna Green was in a coma for one month following the attack,
and emerged from the coma unable to remember many details from her
past, and having suffered considerable brain damage.
   (5) Kevin Lee Green was charged with the murder of his unborn
child and the attempted murder of his wife.
   (6) Dianna Green, despite having suffered serious brain damage in
the attack, and despite having lost much of her memory, was the main
witness for the prosecution against Kevin Lee Green.
   (7) Kevin Lee Green at all times maintained his innocence and told
police and testified that on the night of the attack he went out to
get a hamburger and returned approximately 20 minutes later to find
his wife on the bed nearly beaten to death.
   (8) Kevin Lee Green further testified that, after he returned to
his home, he saw a man in a dark van hastily leaving the scene of the
crime.
   (9) On October 2, 1980, Kevin Lee Green was convicted by a jury in
Orange County Superior Court of one count of second degree murder,
one count of attempted murder, and two counts of assault with a
deadly weapon.
   (10) Kevin Lee Green was sentenced to serve 15 years to life in
prison for the attack on his wife and death of his unborn baby.
   (11) At the time of the attack on Dianna Green, Kevin Lee Green
was a corporal in the United States Marine Corps.  Kevin Lee Green
had intended to make a career of his military service, emulating his
father.  As a result of the conviction, Kevin Lee Green suffered the
further indignity of being discharged from the United States Marine
Corps on a less than honorable basis, thereby preventing him from
completing his chosen career and from receiving retirement and other
military benefits.
   (12) Through DNA evidence and a full confession by Gerald Parker,
the man who was actually guilty of the attack on Dianna Green, it has
been conclusively established that Kevin Lee Green was not guilty of
any of the charges against him.
   (13) As a result of the DNA evidence and the full confession of
Gerald Parker, on June 20, 1996, the Honorable Robert Fitzgerald,
Judge of the Superior Court for the County of Orange, granted Kevin
Lee Green's petition for writ of habeas corpus and ordered Kevin Lee
Green immediately released from prison.
   (14) The Honorable Robert Fitzgerald further found and ordered
that Kevin Lee Green was factually innocent of all charges and that
all allegations against him relating to the September 30, 1979,
attack on Dianna Green were untrue.
   (15) Despite the knowledge that his chances for parole would be
greatly increased if he falsely evinced remorse for a crime that he
knew he did not commit, Kevin Lee Green refused to lie.
   (16) During his incarceration, Kevin Lee Green was denied parole
on four separate occasions on account of the fact that he steadfastly
maintained his innocence and protested that he had been wrongly
accused.
   (17) While incarcerated, Kevin Lee Green attempted,
unsuccessfully, to raise the money to obtain his own DNA test in
order to reopen his case, and despite the fact that court records
showed that Kevin Lee Green passed at least one, and perhaps another,
polygraph test before his trial took place, police investigators
ignored his requests to reopen his case.
   (18) Kevin Lee Green consequently spent approximately 17 years,
from age 21 to 37, in prison for crimes he did not commit.
   (19) During his incarceration, Kevin Lee Green missed the funerals
of both of his grandmothers, and his grandfather, and the weddings
of his brother and his sister.
   (20) Under current California law, the maximum amount Kevin Lee
Green may receive in recompense for his unjust, tragic incarceration
is ten thousand dollars ($10,000).
   (21) Considering the totality of the circumstances, even though
there is no legally responsible entity that is liable to Mr. Green,
equity and justice dictate that a miscarriage of justice occurred and
that agents of the state unknowingly participated in that
miscarriage of justice.
   (b) It is the intent of the Legislature, by enacting this act, to
hereby recompense Kevin Lee Green for having been the victim of a
miscarriage of justice as outlined in subdivision (a).
   (c) The sum of six hundred twenty thousand dollars ($620,000) is
hereby appropriated from the General Fund to the Department of
Justice for payment to Kevin Lee Green as compensation for having
been the victim of a miscarriage of justice.
   (d) The Controller is hereby directed to draw warrants upon the
General Fund in the sum of six hundred twenty thousand dollars
($620,000) in favor of Kevin Lee Green, and the Treasurer is hereby
directed to pay the same out of funds in the General Fund not
otherwise appropriated.
  SEC. 2.  Section 17156 is added to the Revenue and Taxation Code,
to read:
   17156.  (a) Gross income shall not include any amount received as
compensation in any taxable year by a taxpayer pursuant to Assembly
Bill 110 of the 1999-2000 Regular Session.
   (b) This section shall apply to taxable years beginning on or
after January 1, 1999.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Through no one's fault, an innocent man was wrongfully
incarcerated and had spent approximately 17 years of productive life
taken from him, despite his continual statements of his innocence.
This bill seeks to offer a degree of compensation for those lost
years.  In order to rectify an egregious wrong as soon as possible,
it is necessary that this act go into immediate effect.
